Sentinel and Enterprise staff photos can be ordered by visiting our Smugmug site.

WORCESTER -- Appearing confused, the mother of a missing 5-year-old Fitchburg boy briefly attempted to convince the court she was capable of representing herself rather than having an attorney in Worcester Superior Court Friday morning.

Elsa Oliver, of Fitchburg, pleaded not guilty to all of her charges and was held on $100,000 cash bail or $1 million surety, an amount agreed on by the prosecution and defense.

In connection with the disappearance of her son, Jeremiah Oliver, Oliver is charged with permitting bodily injury to a child, three counts of reckless endangerment of a child, kidnapping a child under 16, assault and battery with a dangerous weapon and three counts of assault and battery.

According to court documents, Oliver allegedly beat all three of her children and allegedly beat Jeremiah's older brother with a belt.

Prior to an emotionless Oliver's entrance into the courtroom, her attorney, James G. Reardon Jr., explained to Judge James Lemire that Oliver had refused to provide information to probation. A clerk said Oliver had refused to answer questions and sign a probation intake form to determine whether she was indigent, which Reardon said he believed she was.

In the courtroom, Oliver questioned why she needed to provide information about her financial background. Lemire explained the information was needed to determine whether she was eligible for a court-appointed lawyer.

Advertisement

Oliver said she did not want that information disclosed in open court and would instead write it down for submittal.

Oliver then told Lemire she wanted to represent herself, and said she believed she was capable of doing so when Lemire asked her. Lemire then questioned her level of education and legal experience, noting Reardon has a law degree and many years of criminal defense experience. Oliver declined to give an answer, asking why it was necessary to know that information.

Lemire then asked Oliver if she could handle complying with the various legal components that would be required of her in representing herself. Oliver said, "Actually, I would not be able to."

Oliver briefly decided she would look for another attorney, but then conceded that Reardon has been representing her the whole time and she would keep him. Lemire said he believes Oliver needs an attorney and appointed Reardon to stay on to represent her.

When a court clerk warned Oliver that if she failed to appear in court after being released on bail, she could face fines of up to $10,000 or up to one year in prison for a misdemeanor or up to $50,000 in fines or up to five years in prison for felony, Oliver appeared confused and asked for the information to be repeated.

Following the arraignment, Reardon said he continues to have great difficulty getting useful information from Oliver and having discussions with her, and he continues to doubt her competency to stand trial.

"I have believed and I continue to believe that there is an underlying emotional or mental illness issue with Ms. Oliver," Reardon said. "As you could see in court today, her answers are inconsistent and scattered, and that's what I have consistently encountered with her."

Because of her mental state, he is "open to what she may do on any given day," he said.

"It's difficult to predict," Reardon said.

He said Oliver "clearly should have a lawyer," and that he would have protested any approval to allow her to represent herself.

"The fact that she is thinking that she might not need a lawyer is of great concern to me and would be to any other lawyer," Reardon said.

He said she has difficulty processing a series of thoughts.

"She can process a sentence or two, but once it gets beyond that it becomes very difficult for her," Reardon said.

He said he has received court funds for a mental health forensic psychologist to examine Oliver and has started that process.

Jeremiah's uncle, Sandrino Oliver, and his wife, Rosa Valcourt, were present for the arraignment but left quickly following the proceeding.

Welcome to your discussion forum: Sign in with a Disqus account or your social networking account for your comment to be posted immediately, provided it meets the guidelines. (READ HOW.)
Comments made here are the sole responsibility of the person posting them; these comments do not reflect the opinion of The Sentinel and Enterprise. So keep it civil.